STATE v. KUHNAU

No. C2-99-160.

622 N.W.2d 552 (2001)

STATE of Minnesota, Respondent, v. Timothy Warren KUHNAU, Petitioner, Appellant.

Supreme Court of Minnesota.

March 1, 2001.


Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Bryan J. Leary, Spec. Asst. Public Defender, Minneapolis, for appellant.

Michael A. Hatch, Atty. Gen., Robert Stanich, Asst. Atty. Gen., St. Paul, Gaylord A. Saetre, Todd County Atty., Long Prairie, for respondent.

Heard, considered, and decided by the court en banc.


OPINION

GILBERT, Justice.

This appeal involves our review of a jury instruction given in a trial on a charge of conspiracy to commit the crime of first-degree sale of the controlled substance methamphetamine. Appellant Timothy Warren Kuhnau alleges error because the conspiracy instruction given at trial did not include all the elements of the substantive crime that was the object of the conspiracy. The instruction omitted the words "when Mr. Kuhnau knew...

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